- (1.) THE Committee of Management of a society, registered under the provisions of the Societies Registration Act, 1860, and his two office -bearers have invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India against the order of the Prescribed Authority dated 19th April, 2011, whereby it has accepted and recognised the election held on 28th September, 2010 by the contesting respondent no. 4 and has rejected the election of the petitioners held on 30th September, 2010.
(2.) THE foundational facts, which are necessary to decide the issue involved in this writ petition, are that Jan Sewa Siksha Prasar Samiti, Osa, Kherhat Khurd, Allahabad (for short, the "Society") is a Society registered under the Societies Registration Act, 1860, as applicable in Uttar Pradesh (for short, the "Societies Registration Act"). The main object of the Society is to promote the cause of education. It is undisputed that last election of the Committee of Management of the Society was held on 08th October, 2005, wherein petitioner no. 3, namely, Sri Ram Pal Singh was elected as President and the respondent no. 4 Sri Awadh Kumar Singh was elected as Manager. The term of the office -bearers is 5 years. It is averred by the petitioners that there were serious charges of financial misdemeanor against the Manager Sri Awadh Kumar Singh, the respondent no. 4 herein, and, therefore, in the meeting of the Committee of Management, which was held on 27th December, 2009, a resolution was passed for removal of Sri Awadh Kumar Singh from the office of Manager and one Sri Jai Singh was appointed as Manager for the remaining term of the Committee of Management. The papers were sent to the office of the Assistant Registrar, Firms, Societies and Chits, Allahabad (for short, the "Assistant Registrar"), who, after affording opportunity to the petitioners and the respondent no. 4, passed an order dated 16th July, 2010, wherein he discarded the resolution dated 27th December, 2009 for removal of Sri Awadh Kumar Singh but in the same order the Assistant Registrar has found that the term of the Committee of Management was expiring and, as such, fresh election may be held on the basis of the electoral roll, which was utilized in the previous undisputed election dated 08th October, 2005. It is significant to mention that before the election held on 08th October, 2005 there was no dispute with regard to the electoral roll of the Society. Hence, the Assistant Registrar directed the office -bearers to hold the fresh election accordingly. Dissatisfied with the order of the Assistant Registrar, the respondent no. 4 preferred a writ petition, being Writ -C No. 52234 of 2010 (The C/M Jan Sewa Shiksha Prasar Samiti and another v. The Asstt. Registrar, Firms, Societies and Chits and anr.), before this Court. This Court did not find any error in the direction of the Assistant Registrar for holding the election on the basis of the electoral roll of 2005 -06 and as such, this Court dismissed the writ petition vide order dated 07th September, 2010. The order of this Court dated 07th September, 2010 was not challenged by any of the members and it was allowed to attain finality between the parties.
(3.) THE petitioners state that in compliance with the order of the Assistant Registrar dated 16th July, 2010, which was affirmed by this Court vide order dated 07th September, 2010, the election was held on 30th September, 2010. In the said election, the petitioner no. 3 was again elected as President and one Sri Jai Singh, the petitioner no. 2, was elected as Manager. It is stated that the said election was held on the basis of the electoral roll comprising 30 members. Accordingly, the papers were sent to the office of the Assistant Registrar. In the meantime, the respondent no. 4 set up a parallel claim based on the election dated 28th September, 2010, which was held by a separate electoral roll comprising 36 members. Thus, the present dispute relates to two different electoral rolls.;